The Anti-Corruption Commission (ACC) has been given permission by the Lusaka High Court to take the properties in Lusaka’s Chamba Valley that are thought to be the profits of crime belonging to former Lusaka Province Minister BOWMAN LUSAMBO.
The court has overturned the Subordinate Court’s order to invalidate the ACC’s decision to take the assets.
The decision of the Subordinate court was supported by the fact that Mr. LUSAMBO’s properties already had a restriction N notice.
The Court had also supported Mr. LUSAMBO’s claims that Order Five Rule 11 of the Subordinates Court Act was broken because an originating summon was not included with the Warrant of Seizure for his possessions.
However, the High Court has overturned the Subordinates Court’s April 2016 decision in response to an appeal by the ACC.
All four of the ACC’s appeal grounds were supported by the High Court.
The ACC has stated that the restriction notice and warrant of seizure on a property do not serve the same goal as one another as one of the grounds of appeal.
The ACC further stated that during the criminal case investigation, the Criminal Procedure Code cannot take precedence over the Civil Jurisdiction Rules of the Subordinates Court.
Judges PIXIE YANGAILO, SUZEN WENJELANI, and KENNETH MULIFE read the High Court’s ruling.